Human Rights Without Democracy?: Reconciling Freedom with Equality

Description

Do Human Rights truly serve the people? Should citizens themselves decide democratically of what those rights consist? Or is it a decision for experts and the courts? The author argues that Human Rights must be established democratically. Drawing on the works of political philosophers from John Locke to Immanuel Kant, the author explains why, from a philosophical point of view, liberty and equality need not be mutually exclusive. She outlines the history of the concept of Human Rights, while shedding light on the historical development of factual rights. The author also compares how Human Rights are understood in the United States in contrast to Great Britain and Continental Europe, uncovering vast differences. The end of the Cold War was a challenge to reexamineequality as being constitutive of freedom, yet the West has not seized this opportunity and instead allows so-called experts to define Human Rights based on individual cases. Ultimately, the highest courts revise political decisions and thereby discourage participation in the democratic shaping of political will.

About Author

Gret Haller is a lawyer, politician, and author. In 1987 she became a member of Swiss parliament and in 1993/94 was its Speaker, as well as a member of the Parliamentary Assemblies of the Council of Europe and OSCE. She has served as Swiss ambassador to the Council of Europe and from 1996 to 2000 was OSCE Human Rights Ombudsperson for Bosnia and Herzegovina in Sarajevo. The University of St. Gallen awarded her an honorary doctorate for her work in human rights. Her publications include Limits of Atlanticism: Perceptions of State, Nation and Religion in Europe and the United States (2007) and Menschenrechte und Volkssouveranitat in Europa. Gerichte als Vormund der Demokratie?(co-editor, 2011).

Contents

Preface Part I: The Notion of Human Rights Prior to 1789 Chapter 1. The Prehistory and Context of Human Rights * The Concept of Human Dignity * Charters of Liberties and the Social Contract Chapter 2. First Notions of Human Rights * Hobbes * Locke * Rousseau * Kant Chapter 3. Human Rights, Morals, and Law * Normativity and Reality * Natural Law and Positive Law * Autonomy, Virtue, and Coercion Part II: Human Rights from 1789 to 1989 Chapter 4. From Human Rights to Positive Law * Nationalization * Internationalization Chapter 5. Human Rights, the State, and Democracy * The Role of the State * Democratic Legitimacy for Human Rights Chapter 6. Politics and Law * Politics and Law at the National Level * The Ambivalence of Internationalization Part III: The Crisis in Human Rights Since 1989 Chapter 7. The Cold War * East-West Confrontation * New Interventionism Chapter 8. Moralizing Human Rights * Politics and Law Switch Roles * An Instrument of Liberation becomes Tool of Discipline Chapter 9. Natural Right and Imposed Concepts of Man * Expertise Ousts Democracy * The Revolutionary Aspect of Human Rights Part IV: Outlook Chapter 10. Perspectives for Democratic Legitimacy * Responsibility at the National Level * Mitigating Discourse on Human Rights Chapter 11. Universality and Regionalization * Differentiation in the West * Freedom and Equality Chapter 12. Repercussions from the Cold War * Religion versus Human Rights * From Locke to Kant Notes Bibliography Index